What was Tenancy Tribunal case 4932857 about?

The tribunal order states: Thi Ha Nguyen must pay [The landlord/s] $6,662.88 immediately, calculated as

How much money was awarded in case 4932857?

Cleaning: $1,201.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Rent Arrears: $3,107.14 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $54.49 awarded to landlord

What type of tenancy dispute was case 4932857?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4932857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964702-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4932857 about?

The tribunal order states: Thi Ha Nguyen must pay [The landlord/s] $6,662.88 immediately, calculated as

How much money was awarded in case 4932857?

Cleaning: $1,201.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Rent Arrears: $3,107.14 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $54.49 awarded to landlord

What type of tenancy dispute was case 4932857?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4932857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10964702-Tribunal_Order_Redacted.pdf.

10 Burtons Drive, Swanson, Auckland 0614 Tenancy Tribunal Case 4932857 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4932857 — net $6,662.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2024	$3,107.14	Rent arrears to 31 May 2024
Water rates	$54.49	Water rates
Cleaning	$1,201.75	Cleaning
Repairs: Insurance excess x 8	$4,400.00	Repairs: Insurance excess x 8
Lawns and Garden work	$172.50	Lawns and Garden work
Rubbish removal: and bulbs	$500.00	Rubbish removal: and bulbs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,662.88
Total payable by Tenant to Landlord	$6,662.88

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 31 May 2024 by order of the Tribunal due to abandonment. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenancy was terminated due to abandonment so the keys were changed.

The landlord had to replace light bulbs and smoke alarms.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: holes in walls and ceilings cut to accommodate vents installed by tenant, electrical system rewired, water pump disconnected, smoke alarms disconnected, light fixtures damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord had applied for exemplary damages on the basis that the tenant was using or permitting the premises to be used for unlawful purposes. While it seems likely that the premises were altered to enable the growing of marijuana inside there was no direct evidence of the unlawful purpose. For this reason, I am unable to make an award for exemplary damages.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 4932857 — net $6,662.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 May 2024	$3,107.14	Rent arrears to 31 May 2024
Water rates	$54.49	Water rates
Cleaning	$1,201.75	Cleaning
Repairs: Insurance excess x 8	$4,400.00	Repairs: Insurance excess x 8
Lawns and Garden work	$172.50	Lawns and Garden work
Rubbish removal: and bulbs	$500.00	Rubbish removal: and bulbs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,662.88
Total payable by Tenant to Landlord	$6,662.88

Order

Thi Ha Nguyen must pay [The landlord/s] $6,662.88 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord’s claim for exemplary damages is dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 31 May 2024 by order of the Tribunal due to abandonment. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenancy was terminated due to abandonment so the keys were changed.
The landlord had to replace light bulbs and smoke alarms.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: holes in walls and ceilings cut to accommodate vents installed by tenant, electrical system rewired, water pump disconnected, smoke alarms disconnected, light fixtures damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord had applied for exemplary damages on the basis that the tenant was using or permitting the premises to be used for unlawful purposes. While it seems likely that the premises were altered to enable the growing of marijuana inside there was no direct evidence of the unlawful purpose. For this reason, I am unable to make an award for exemplary damages.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 4932857 — Property damage at 10 Burtons Drive, Swanson, Auckland 0614

At a glance

Tenancy Tribunal case 4932857 — Property damage at 10 Burtons Drive, Swanson, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions